Legal Question in Business Law in India

Sole Propreitorship Firm

I am into fashion designing business. I have recently floated my own label and am carrying out manufacturing for an Indian export firm. For IT, bank current account purposes& for billing to the aforementioned export firm, I need to float my own proprietorship firm. On this background, I require to know (a) Do I need to register my proprietorship firm? If yes, then with what authority?

(b) Do name of proprietorship firm (which also happens to be my fashion label name) fall under trademark act?

(c) As most of my work is done by job workers (weekly wages), do I need to apply for TAN/PAN/Sales Tax/Service Tax numbers? If yes, then which ones?

(d) My kind of business falls within the purview of Sales Tax (VAT)/Service Tax?

(e) Any other legalities that I may require to fulfil to start this firm.

Thank you.


Asked on 10/06/06, 5:34 am

1 Answer from Attorneys
nagendra naik Naik&Co,

Re: Sole Propreitorship Firm

1) since it is properitorship firm no registration is required. however it has to be registered under the shops and commercial establishment act.

2)if your logo is property of any other registered trade mark user it will be voilation. Since business is based on the label you developed in your interest it is necessary to get registered.

3)it defends on how many labour you employ. mannual or using machine.

4) registration under tax legislaton defends on the turnover and nature of job. contact an advocate.

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Answered on 10/06/06, 6:19 am


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